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Why We’re Suing to Enjoin Arkansas’s Social Media Age-Verification Law

Despite good intentions to protect minors online, SB 396 runs directly into the First Amendment. In fact, SB 396 discriminates based on speaker, content and viewpoint. The law is content-based because it treats platforms whose primary purpose is “interacting socially” differently than those whose primary function is, for example, news, sports, entertainment, research or other “non-social” ends. These types of content-based distinctions are impermissible under the First Amendment.